


Malice Aforethought

by Raven (singlecrow)



Category: Star Trek: Deep Space Nine
Genre: Epistolary, Gen, Lawyers
Language: English
Status: Completed
Published: 2011-02-28
Updated: 2011-02-28
Packaged: 2017-10-16 00:24:54
Rating: Not Rated
Warnings: Graphic Depictions Of Violence
Chapters: 1
Words: 2,088
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/166481
Author URL: https://archiveofourown.org/users/singlecrow/pseuds/Raven
Summary: <blockquote class="userstuff">
              <p><i>"Gentlebeings of the jury, have you reached a verdict?"</i>  Kira on trial.</p>
            </blockquote>





	Malice Aforethought

_[Criminal Activities Report, Deep Space Nine, week beginning stardate 48575, compiled by Security Chief Odo, excerpt.]_

 _2215\. Noise reports from Habitat Ring section 28 gamma, localised to quarters of Li Adoral and Li Kalen, owners of Far Out Fashions, clothing establishment on the Promenade; upon entering noted Li Adoral with bloody nose, and red staining on Li Kalen's knuckles, asked if she meant to press charges, reply negative. Fifth such incident in a year._

 _2235\. Pickpocketing incident on Promenade._

 _2300\. A Klingon visitor to the station, name of Kron, was killed in a bar fight in Quark's. Perpetrator appears to have been Major Kira. High-security custody not thought necessary. Magistrate has been informed._

 

*

 

"Major," Sisko said. "When one of my officers doesn't turn up for work in the morning because, and I quote from your message, 'have been arrested for murder', I begin to wonder if it will be a sub-optimal day."

"Sorry," Kira said, and looked out of the window at the revolving stars rather than directly at him. "I really am sorry, Captain."

"Of that I have no doubt." Sisko sat down in his chair. "Just what were you doing?"

"I knocked a drink over a drunk Klingon," Kira said. "He'd been hitting the bloodwine all night, his friends were getting him riled up. I said he should look where he was going, and he stood up and waved a chair at me. I'm afraid I might have provoked him. Then he came at me with a knife."

"And," Sisko said, looking down at the padd, "Odo writes: _following which Major Kira executed a manoeuvre in which she took the knife and turned it back upon the aggressor..._ "

"I didn't mean to kill him!" Kira said, plaintively. "I don't deny I did. But there were lots of people in the bar who can witness..."

"Major," Sisko said, gently, "I have no intention of accusing you. But this is out of my hands now. You'll go to the dock, you'll plead self-defence."

"Yes, sir," Kira said.

 

*

 _[Excerpt from court transcript, case no. 880-2364]_

 _(Jury in at 1945 station time)  
THE COURT: Gentlebeings of the jury, have you reached a  
verdict?  
JURORS: Yes, we have.  
THE COURT: Does the forebeing have the padd?  
JUROR NO. 3: Yes, I do.  
THE COURT: Beings of the jury, you will listen to the reading of your verdict._

 _VERDICT_

 _THE COURT: In the Federation Unified Court and the Bajoran District Court for the space station of Deep Space Nine, otherwise Terek Nor, Criminal Action No. 880-2364, Prosecutor v Kira Nerys. We, the jury, upon our oaths unanimously find as follows:_

 _Count 1, murder by malice aforethought: not guilty._

 _Count 2, voluntary manslaughter: not guilty._

 _Count 3, drunken disorder in a public place: guilty._

 _[susurration from the public gallery]_

 _THE COURT: The Court thanks the jury._

 _USHER: All rise._

 

*

"Captain," Dax was saying, over the comm, "there's a Klingon gentleman here to see you" – and then Sisko was pinned against the wall of his own office while a voice roared in his ear, " _Objection._ "

 

*

 _[Interim establishing Act for Deep Space Nine otherwise Terek Nor, passed concurrently by conference committee of Federation devolved council for Sector 4488 and the Bajoran Provisional Legislature, excerpt]_

 _§1 Definitions  
When used in this Act these terms shall be defined as follows:_

 _* * *_

 _(d) "Deep Space Nine" means the entirety of the space station denoted "Deep Space Nine" in the Starfleet Permanent Installation Code including its habitat rings docking pylons airlocks cargo bays recreational facilities and any other subsection atmospheric or open to vacuum of its structure [...]_

 _* * *_

 _§5662 Districting  
Where an offence criminal or civil is alleged to have taken place on Deep Space Nine it shall be deemed a Federation crime for purposes of districting. This section is to be construed without prejudice to the application of substantive law [...]_

 

*

"I want you to explain this to me in words with as few syllables as possible," Kira said, as calmly and rationally as she could. Sisko was nursing a bruise on his temple and looked as belligerent as she felt.

Dax stepped forward and said, "This is Karan, son of Morak, _ja'H quaghar_ of Qo'noS."

"What does that mean?" Kira asked, still calmly, still rationally.

"Uh, literally it means "the one who is the sniffer of skulls,'" Dax said, a little uncomfortably. "A more idiomatic translation would be, uh. Attorney-general."

The attorney-general of Qo'noS glared at Kira, balefully. He was wearing full battle regalia, but he sat more composedly in his chair than any other Klingon she'd met. "The issue is as follows," he said, with clipped, precise enunciation. "Major Kira was recently acquitted of the murder of a Klingon named Kron, of the House of Duras."

"Yes," Kira said.

"It is the contention of the Klingon Empire that she was acquitted only according to the law of the Federation. Nowhere in the law of the Federation does it state that Federation law should apply on Deep Space Nine."

"Wait just one moment." Sisko raised his head. "That can't be right."

"Captain, you are welcome to study the legisprudence of your people at your leisure. In the meantime I shall be in my quarters."

He swept out.

 

*

 _[Excerpts from_ K.N. v T.K.E. _[2364] 667 SC 119]_

 __Per curiam. __

 _Our learned friend for the Klingon Empire contends that in an absence of immediately applicable substantive law the reasonable expectations of the victim should be satisfied [...] The court is not wholly convinced of this proposition in view of the victim's decease but allows the premise [...]_

 _* * *_

 _We are grateful also for the Empire's acknowledgement that should it be held necessary a Federation court could be deemed competent in Klingon jurisprudence [...] due process requirements could not be satisfied on Qo'noS given the defendant's relatively small build and lack of familiarity with Klingon procedure._

 _* * *_

 _We affirm on the limited grounds that the overturning of an acquittal in a Federation court is not lightly done [...] in recognition of the court's lack of precedent in this area we hereby grant leave to appeal._

 _[footnotes omitted]_

 

*

 

"What's the problem, Major?"

"The problem." Kira hesitated. "Captain, I can't afford to defend this case any further. I need representation, and..."

"Representation?" Sisko blinked. "You mean, a lawyer?"

"Yeah." Kira nodded, unhappily.

"Federation law guarantees every criminal defendant a representative of their choice in..."

"For Federation citizens. Sir." Kira still looked unhappy.

"But surely Bajoran law guarantees counsel..."

"In Bajoran courts." Kira sighed. "And, Captain, I know it would be a long stretch to call this a work-related expense. It wasn't a firefight or an away mission. I killed him in a fight at Quark's. I acknowledge that. And I've never asked you for help in a personal matter before. But..." She paused. "I need help now."

Sisko nodded. "I understand."

 

*

 _Ferengi Rule of Acquisition #46: The bigger the smile, the sharper the knife._

 

*

 

"So you understand," Sisko finished, "the delicacy of the situation."

"It's a very delicate situation," Quark said, "but I don't see what it has to do with me."

"The murder took place in your bar, Quark. That's never a good omen for an establishment. Not to mention the paperwork, the investigation, the enforced closure..."

"The enforced closure," Quark repeated.

"So the appropriate reports can be filed. And there's always the chance the investigation could turn up something… unfortunate. Such as, for example, contraband..."

"Captain Sisko, I resent that implication."

"On the other hand," Sisko continued, smoothly, "if it turns out Major Kira's acquittal is upheld, and there has been no murder but merely an unfortunate accident..."

"Captain," Quark said, "this is extortion."

"Yes," Sisko said, "yes, it is. I'm so glad we understand one another. Good evening."

 

*

 _  
**UNITED FEDERATION OF PLANETS V. KIRA NERYS  
Supreme Court of the Federation [2364] UFP 178**   
_

Chief Justice T'Lei of Vulcan for the majority, joined by Justice Ki'jhanna ch'Thane of Andoria and Justice Fionn of Betazed.

[Justice 1723-833a took no part in the consideration and discussion of this case.]

 _The facts of this case are as follows. The petitioner, Major Kira Nerys, stands accused of murder. On the fourteenth day of April this year, she stabbed a Klingon man, Kron of the House of Duras, in a bar brawl on the Bajoran space station known as Deep Space Nine. We take these facts to be settled._

 _* * *_

 _The identification of the central issue has, we feel, been elided in the appellate consideration of this case. The respondent is an officer of the Bajoran militia serving on a Federation space station. We make strict demands of the respondent in her daily life. She does not commit fraud, she does not cheat, she does not steal; when her captain addresses her, she calls him "sir". She follows Starfleet's directives. Were she to enter a contract on board the station, we would demand her performance; were she to be named executor of a will, we would demand she sought probate._

 _It is clear to this court that the petitioner is subject to the penalties of Federation law. Is she, therefore, subject to its protection? She has been tried under Federation law and found not guilty by twelve of her peers. The Klingon Empire asserts that she may be tried once more under Klingon law, or perhaps Bajoran law, where the justification of self-defence is differently formed. It is settled law that personal jurisdiction follows our citizens wherever they may go: that they may be tried for murder whether that murder takes place on the most distant colony moon, in_ terra nullius _, or on the Klingon homeworld, or here in the Supreme Court's chamber. Were a Federation citizen accused of murder on Deep Space Nine, a trial would swiftly follow._

 _Kira Nerys has been tried for murder on Deep Space Nine. Her prosecutor has been found wanting. It is the unanimous decision of this court that the rights and freedoms granted by the Federation Constitution are granted to Kira Nerys. She may not be prosecuted for the same offence once again. The trial court's decision stands._

 _Affirmed._

 _[footnotes omitted]_

Justice Chattopadhyaya of Earth, concurring.

 _I grant the Court's conclusion that the Bajoran petitioner is subject to the Federation Constitution, and merely wish to emphasise that this opinion stands without prejudice to the Bajoran petition of accession to the United Federation of Planets._

 

*

"Here's what I don't understand," Sisko said. It was early morning in the replimat and they were nursing raktajinos before the alpha shift in Ops. "I've done some research. Kron was a known dissident and violent criminal."

"Is that right?" Kira said, and took another sip of her drink.

Sisko nodded. "He'd killed a militia officer on an outpost out towards the Neutral Zone, and he'd been known to be smuggling weapons to the Maquis for profit. The Bajorans had sent us a specific notice of apprehension for him."

"That's interesting," Kira said.

"And I looked at the duty logs." Sisko set down his mug. "You were on duty the night he was killed in the bar."

Kira shrugged. "So what?"

"So here’s what I don't understand." Sisko set down his mug. "You weren't in the bar to drink. You were there to stake it out for any sign of him. He recognised you. When he came at you with that knife, you killed him in the course of your duty as an officer of the Bajoran militia. This wasn't a murder. It was an assignment that turned sour."

"That's possible," Kira said.

"And he's gotten older and more bombastic," Sisko said, thoughtfully, "but I could almost swear that our friend Karan, when he was a young Klingon warrior, used to go drinking with Dax."

"She does have a lot of Klingon friends," Kira said.

"Kira!" Sisko stared at her. "Why did you let yourself be tried by Federation civilian courts when you didn't have to be? When you could have been shipped to a Federation penal colony for the rest of your life?"

Kira shrugged again. "It seemed like the thing to do."

 

*

 _[Criminal Activities Report, Deep Space Nine, week beginning stardate 49752, compiled by Security Chief Odo, excerpt.]_

 _2100\. Noise reports from section 28 gamma of the Habitat Ring. Entered to find Li Adoral with noticeable bruising around her neck and wrists. Took down report detailing violence of Li Kalen, following which he was taken into custody. Asked if she intended to press charges; she replied in the affirmative, invoking her right to Federation counsel under principle of_ UFP v Kira Nerys _. Made appropriate arrangements._

 _Otherwise a quiet night._


End file.
